[Federal Register Volume 88, Number 249 (Friday, December 29, 2023)]
[Rules and Regulations]
[Pages 90127-90133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-27689]


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DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric Administration

50 CFR Part 660

[Docket No. 221206-0261]
RIN 0648-BM72


Magnuson-Stevens Act Provisions; Fisheries Off West Coast States; 
Pacific Coast Groundfish Fishery; 2023-2024 Biennial Specifications and 
Management Measures; Inseason Adjustments; Correction

AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and 
Atmospheric Administration (NOAA), Commerce.

ACTION: Final rule; correction.

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SUMMARY: NMFS published a final rule on November 29, 2023, to announce 
routine inseason adjustments to management measures in commercial and 
recreational groundfish fisheries for the 2024 fishing year. That rule 
is intended to allow commercial and recreational fishing vessels to 
access more abundant groundfish stocks while protecting overfished and 
depleted stocks. This action corrects the trip limits for the limited 
entry (LE) fixed gear and open access (OA) fleets for ``Other 
Flatfish'' (butter sole, curlfin sole, flathead sole, Pacific sanddab, 
rex sole, rock sole, and sand sole) south of latitude (lat.) 40[deg]10' 
North (N). This correction is necessary so that the implementing 
regulations are accurate and implement the action as intended by the 
Pacific Fishery Management Council (Council). This action also corrects 
a final rule published on December 1, 2023.

DATES: The corrections are effective on January 1, 2024.

FOR FURTHER INFORMATION CONTACT: Keeley Kent, phone: 206-526-4655, 
<a href="/cdn-cgi/l/email-protection#c8a3adada4adb1e683ada6bc88a6a7a9a9e6afa7be"><span class="__cf_email__" data-cfemail="d8b3bdbdb4bda1f693bdb6ac98b6b7b9b9f6bfb7ae">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

Background

    NMFS published the final rule to implement harvest specifications 
and management measures for the 2023-2024 biennium for most species 
managed under The Pacific Coast Groundfish Fishery Management Plan 
(PCGFMP) on December 16, 2022 (87 FR 77007). The harvest specifications 
and mitigation measures developed for the 2023-2024 biennium used data 
through the 2021 fishing year to help various sectors of the fishery 
attain, but not exceed, the catch limits for each stock. Based on 
updated fisheries information

[[Page 90128]]

that was unavailable when the analysis for the current harvest 
specifications was completed, Council recommended that NMFS extend the 
duration of several measures implemented through an inseason action 
published on October 2, 2023 (88 FR 67656), to continue the 
minimization of mortality of quillback rockfish off California for the 
2024 fishing season. The Council also recommended NMFS reset trip 
limits for several species for the 2024 fishing season. NMFS published 
a final rule on November 29, 2023 (88 FR 83354), that announces routine 
inseason adjustments to management measures in commercial and 
recreational groundfish fisheries for the 2024 fishing year.

Need for Correction

    The November 29, 2023, final rule modified tables 2 north and south 
to part 660, subpart E, and tables 3 north and south to part 660, 
subpart F. NMFS implemented an area-based trip limit for LE and OA 
fleets between lat. 42[deg] N and lat. 36[deg] N seaward of the non-
trawl Rockfish Conservation Area (RCA) for lingcod and other flatfish 
for all cumulative periods in 2024. The trip limits for other flatfish 
for the LE and OA fleets south of lat. 40[deg]10' N were inadvertently 
changed from those that were intended by the final rule by switching 
the trip limits in areas lat. 40[deg]10' N to lat. 36[deg] N and south 
of lat. 36[deg] N. The preamble to the final rule correctly notes that 
by reducing the ``other flatfish'' trip limit to 0 lbs/2 months between 
lat. 42[deg] N and lat. 36[deg] N inside the Non-Trawl RCA, and 
maintaining the current trip limits seaward of the Non-Trawl RCA, the 
inseason action would help prevent the possible interaction with 
quillback rockfish within the Non-Trawl RCA.
    This action changes the trip limit to what was originally intended 
by correcting table 2 south to part 660, subpart E and table 3 south to 
part 660, subpart F in the regulations. For LE fixed gear between lat. 
42[deg] N to lat. 36[deg] N, the trip limit for other flatfish will be 
0 lbs/month inside the Non-Trawl RCA and 10,000 lbs/month seaward of 
the Non-Trawl RCA. For LE fixed gear south of lat. 36[deg] N, the trip 
limit for other flatfish will be 10,000 lbs/month with no area 
restriction. Similarly, for OA, between lat. 42[deg] N and lat. 36[deg] 
N, the trip limit for other flatfish will be 0 lbs/month inside the 
Non-Trawl RCA and 5,000 lbs/month seaward of the Non-Trawl RCA. For OA 
south of lat. 36[deg] N, the trip limit for other flatfish will be 
5,000 lbs/month with no area restriction.
    These corrections are consistent with the Council's recommendation 
for the inseason adjustments to the 2024 fishing year harvest 
specifications and are minor corrections necessary to correctly 
implement the Council intent in their final action from November 2023.
    This rule also removes amendatory instructions published in the 
final rule for Amendment 32 to the Groundfish FMP (December 1, 2023; 88 
FR 83830). The amendatory instructions created erroneous and incorrect 
table headings for tables 2 north and south to part 660, subpart E, and 
tables 3 north and south to part 660, subpart F.

Classification

    Pursuant to 5 U.S.C. 553(b)(B), the Assistant Administrator for 
Fisheries (AA) finds there is good cause to waive prior notice and an 
opportunity for public comment on this action, as notice and comment 
would be unnecessary and contrary to public interest. Notice and 
comment are unnecessary and contrary to the public interest because 
this action corrects inadvertent errors in the November 29, 2023, final 
rule. Immediate notice of the errors and correction is necessary to 
prevent confusion among participants in the fishery that could result 
in issues with enforcement of area management. To effectively correct 
the errors, the changes in this action must be effective on January 1, 
2024, which is the effective date of the November 29, 2023, final rule. 
Thus, there is not sufficient time for notice and comment due to the 
imminent effective date of the November 29, 2023, final rule. In 
addition, notice and comment is unnecessary because this notice makes 
only minor changes to correct the final rule and is consistent with the 
expectation of the public. These corrections will not affect the 
results of analyses conducted to support management decisions in the 
Pacific coast groundfish fishery.
    For the same reasons stated above, the AA has determined that good 
cause exists to waive the 30-day delay in effectiveness pursuant to 5 
U.S.C. 553(d). This document makes only minor corrections to the final 
rule which will be effective January 1, 2024. Delaying effectiveness of 
these corrections would result in conflicts in the regulations and 
confusion among fishery participants. Because prior notice and an 
opportunity for public comment are not required to be provided for this 
rule by 5 U.S.C. 553, or any other law, the analytical requirements of 
the Regulatory Flexibility Act, 5 U.S.C. 601 et seq., are not 
applicable. Accordingly, no Regulatory Flexibility Analysis is required 
for this rule and none has been prepared.
    This final rule is not significant under Executive Order 12866.

Corrections

    Effective January 1, 2024, in FR Doc. 2023-26018 at 88 FR 83354 in 
the issue of November 29, 2023:

Table 2 (North) to Part 660, Subpart E--[Corrected]

0
1. On page 83359, in amendatory instruction 2, ``Table 2 (North) to 
Part 660, Subpart E--Non-Trawl Rockfish Conservation Areas and Trip 
Limits for Limited Entry Fixed Gear North of 40[deg]10' N Lat.'' Is 
corrected to read as follows:

Table 2 (North) to Part 660, Subpart E--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Limited Entry Fixed Gear North of 40[deg]10' 
N Lat.

[[Page 90129]]

[GRAPHIC] [TIFF OMITTED] TR29DE23.065

Table 2 (South) to Part 660, Subpart E--[Corrected]

0
2. On page 83360, in amendatory instruction 3, ``Table 2 (South) to 
Part 660, Subpart E--Non-Trawl Rockfish Conservation Areas and Trip 
Limits for Limited Entry Fixed Gear South of 40[deg]10' N Lat.'' Is 
corrected to read as follows:

Table 2 (South) to Part 660, Subpart E--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Limited Entry Fixed Gear South of 40[deg]10' 
N Lat.

[[Page 90130]]

[GRAPHIC] [TIFF OMITTED] TR29DE23.066

Table 3 (North) to Part 660, Subpart F--[Corrected]

0
3. On page 83361, in amendatory instruction 4, ``Table 3 (North) to 
Part 660, Subpart F--Non-Trawl Rockfish Conservation Areas and Trip 
Limits for Open Access Gears North of 40[deg]10' N Lat.'' Is corrected 
to read as follows:

Table 3 (North) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears North of 40[deg]10' N Lat.

[[Page 90131]]

[GRAPHIC] [TIFF OMITTED] TR29DE23.067

Table 3 (South) to Part 660, Subpart F--[Corrected]

0
4. On page 83362, in amendatory instruction 5, ``Table 3 (South) to 
Part 660, Subpart F--Non-Trawl Rockfish Conservation Areas and Trip 
Limits for Open Access Gears South of 40[deg]10' N Lat.'' is corrected 
to read as follows:

Table 3 (South) to Part 660, Subpart F--Non-Trawl Rockfish Conservation 
Areas and Trip Limits for Open Access Gears South of 40[deg]10' N Lat.

[[Page 90132]]

[GRAPHIC] [TIFF OMITTED] TR29DE23.068


[[Page 90133]]


[GRAPHIC] [TIFF OMITTED] TR29DE23.069

    Effective January 1, 2024, in FR Doc. 2023-25905 at 88 FR 83830 in 
the issue of December 1, 2023:

Subpart E of Part 660--[Corrected]

0
5. On page 83850, remove amendatory instruction 19 and the accompanying 
regulatory text revising table 2 (North) and table 2 (South) to part 
660, subpart E, and redesignate amendatory instructions 20 through 22 
as amendatory instructions 19 through 21.

Subpart F of Part 660--[Corrected]

0
6. On page 83855, remove amendatory instruction 23 and the accompanying 
regulatory text revising table 3 (North) and table 3 (South) to part 
660, subpart F, and redesignate amendatory instructions 24 and 25 as 
amendatory instructions 22 and 23.

    Authority:  16 U.S.C. 1801 et seq.

    Dated: December 12, 2023.
Everett Wayne Baxter,
Acting Director, Office of Sustainable Fisheries, National Marine 
Fisheries Service.
[FR Doc. 2023-27689 Filed 12-28-23; 8:45 am]
BILLING CODE P


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